Sarjoo Prosad, C.J. - (1.)This is an appeal against the order of the Election Tribunal, Pratapgarh, dated 1-12-1959.
(2.)The election petition in this case under Section 80 o? the Representation of the People Act, 1951 (Act No. XLIII of 1951 -- hereinafter referred to as "the Act") was filed on 23-4-1957 by the appellant Inder Lall, an elector in the Chittorgarh Constituency praying that the election of the respondent Shri Lal Singh to the Rajasthan Legislative Assembly should be annulled and declared void on account of illegal and corrupt practices which vitiated the election. The elections in the various constituencies took place in February and March, 1957. There appear to have been three contesting candidates at the election. Shri Lal Singh, the first respondent, who was the successful candidate, secured 7372 votes; the second respondent Shri Lakshman Singh, the Maharasal Dungarpur, secured 7261 votes, while the third respondent Shri Chhoga Lal only 569 votes. The result of the election was declared on 11-3-1957, and notified in the Rajasthan Rajpatra on 14-3-1957, and Shri Lal Singh was returned.
(3.)The grounds on which the election has been challenged are mainly two-fold and have been enumerated in paragraph 4 of the election petition. Firstly, it is alleged that the respondent Shri Lal Singh procured or abetted or attempted to procure either by himself or by his agents or by other persons with his connivance or that of his agents the application by persons for ballot papers in the name of other persons, whether living or dead or nonexistent, or whose names appeared in the same ward for two different houses or persons who were not citizens of India but whose names all the same appeared in the electoral rolls; or even in name of fictitious persons. Secondly, it was alleged that the said respondent, his agents and other persons with his connivance or that of his agents published such statements of facts which were false and which they either believed to be false or did not believe to be true, in relation to the personal character or conduct of the respondent No. 2 and in relation to his candidature, calculated to prejudice the prospects of the election of the second respondent, Shri Lakshman Singh. Details of the above allegations find mention in the lists marked A and B appended to the petition. List A has again been sub-divided into six different parts. We will deal with these details in their appropriate place.
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